November 9, 2009 LETTER/ TO: California Department Of Insurance Workers’ Compensation Fraud Commission RE: OPPOSITION TO FUNDING FOR YOLO AND SACRAMENTO COUNTIES DISTRICT ATTORNEYS OFFICES, WORKERS’ COMPENSATION FRAUD UNITS by Sandi Trend
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VIDEO OF SANDI TREND’ TESTIMONY LINK http://www.youtube.com/watch?v=QqZWhu9ANq8
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TRANSCRIPTION OF THE VIDEO OF SANDI TREND’ TESTIMONY [SEPTEMBER 9, 2009]; INCLUDING ATTACHMENTS PRESENTED TO THE CALIFORNIA DEPARTMENT OF INSURANCE, WORKERS’ COMPENSATION FRAUD COMMISSION 1
This transcription was transcribe to the best of the transcriber’s ability. If there are any errors in this transcription, it is without knowledge
SANDI TREND: I oppose funding to Yolo and Sacramento D.A.'s [District Attorney's] Workers’ Comp Fraud Unit’s for blatant disregard in upholding the law; Insurance Fraud Unit’s are to identify, investigate, and prosecute offenders for workers’ compensation fraud.
in the pesticide industry this too is mandated by law." Products that pesticide research and development companies, as well as manufactures of these products get approval for [w]that are sprayed on our food crops and used for insect control. Without the knowledge of an injury or illness that has occurred during the entire process from the discovery and experiments with live microorganisms to the end product; the EPA, the USDA the California Pesticide Agency cannot make a real assessment of whether these live bacteria and fungus can be used safely on crops and for insect control.”
Claimant Fraud: employer lies to obtain or deny benefits that are required by law and Premium Fraud Both transpired from AQ [Agraquest] NOT reporting David Bell's workplace injury/illness, Concealment of chemical and biological hazards Leading to; repeated fungal and bacterial infections, four major sinus surgeries and breakdown of his immune system. All linked to workplace exposure at AQ.
IF AQ had reported David’s exposure/illness from workplace exposure it would have caused a red flag for the approval of their product’s registrations from Federal and state agencies and affect funding that AQ was getting from governments, as well as investors.
On June 09; presented to this commission: Documents supporting opposition; Both D.A.'s [District Attorney's] offices are further fraudulently concealing the causation of my son, David Bell’s health decline from working AQ.
Kitching says, “the statue of limitations for fraud is four (4) years.” I said,
What transpired during commission meeting: Lt. Daniel Stroski, Yolo County D.A. fraud unit: Left early. Dale Kitching, Sac County Insurance fraud unit: Kitching said, “Call me “next week”, “I thought you were going to get the transcript of the "trial." I reiterated as in January 07 [SHOULD READ 2008]; “I can’t afford it." "You can get it.”. Again, Kitching said, “I can’t do that”. AFTER June 17, 09: July 17, ‘09; Meeting with Kitching (present; Dina Padilla). Kitching said, “You don’t have to report everything” In a follow-up e-mail I said, “You said something today” . “you don’t need to report everything”, when I was talking about David getting metal in his eye at AQ and being taken to Sutter in Davis. With all due respect Mr. Kitching, I strongly disagree with you. The law and the constitution[al] rights of an employee says different. This is why we have laws in this country and they should not be taken lightly. As to the NECESSITY to report any injury or illness
“at what point do you start the statue of 2
limitations, when it started.....?
PREVIOUSLY SAID BY SANDI TREND, [“at what point do you start the statue of limitations, when it started or the last time it was... comm...]”
COMMISSION ATTORNEY: You’re time is up ma’am SANDI TREND: ... or the...?
WHAT REMAINED TO BE SAID IS AS FOLLOWS: ...“committed?” “Fraud was committed in 2008, so we are still within the statue of limitations.”
COMMISSION ATTORNEY: Excuse me.... you’re public time is up.
PHOTO’S ABOVE SANDI TREND PREPARING TO GIVE THE COMMISSION HER SEPTEMBER 9, 2000 LETTER WITH SUPPORTING DOCUMENTATION [ACCEPTED]
~ ~END OF TRANSCRIPT~ NOTE: On November 9, 2009 the California Department Of Insurance Workers’ Compensation Fraud Commission not only accepted Sandi Trend’s letter/presentation; RE: OPPOSITION TO FUNDING FOR YOLO AND SACRAMENTO COUNTIES DISTRICT ATTORNEYS OFFICES, WORKERS’ COMPENSATION FRAUD UNITS. [The Commission accepted the two (2) attachments]. ATTACHMENTS; ~Below are the PHOTO’S and the DESCRIPTION OF THE PHOTO’S that were given to the California Department Of Insurance on 9/9/2009 by Sandi Trend:~ 3
ATTACHMENT 1) • Photos of David Bell’s medical for three (3) years PRIOR to employment at AQ (1995-1998) and David Bell’s medical after working at AQ (1999-2005 (4th major sinus surgery - 2006; • Seven (7) pages • One (1) page is David Bells Confidential Health Form completed by him • David Bell’s MEDICAL BILLINGS from employment at AQ and thereafter (19992005) • Total billings, OVER $333,000 ***4th Major sinus surgery in 2006. • MEDICAL PROVIDER’S BILLINGS, HOSPITAL BILLINGS: • Infections (1999 to present) Medical Clinics and/or Hospital Emergency Rooms • Surgeries: • 1999 • 2002 • 2004 • 2006 • IV IMMUNOGLOBULIN Infusions (3 years, every 28 days) • In-office and hospital procedures (1999 to present) LABORATORY BILLINGS (Only pertaining to Agraquest’s microorganisms’ bacteria and/or fungus identified in David Bell & Agraquest connection/s): CULTURES: SINUS ~ACINETOBACTER (Found in soil, Identified in mosquito midgut) 4
David Bell results; ”sinus culture”, POSITIVE” AGRAQUEST CONNECTIONS: David Bell exposed to mosquito's on his Laginex project at Agraquest) AGRAQUEST CONFIRMATION OF “Thought to have been present at Agraquest during your (David Bell) employment period” “NO”
CULTURES: NOSE ~CURVULARIA (Pathogen of soil, A plant pest) David Bell results; ”nose, POSITIVE” AGRAQUEST CONNECTIONS: •
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AGRAQUEST CONFIRMATION OF: “Thought to have been present..”YES”
CULTURES: SPUTUM ~ACREMONIUM (*Found in soil *Pathogen of soil *Plant pest) David Bell results; ”sputum , POSITIVE” AGRAQUEST CONFIRMATION OF “Thought to have been present at Agraquest during your (David Bell) employment period” “YES”
~PENICILLIUM (Found in soil & decaying vegetation) David Bell results; “sputum culture, POSITIVE” AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,911,338 Filed 4/11/2002, 6,638,910 Filed 11/27/2001
PRODUCT: *Arabesque ~PSEUDOMONAS (*Found in soil, *Plant pest, *Identified in Mosquito Midgut” ) David Bell results; **Numerous cultures “POSITIVE AGRAQUEST CONNECTIONS: •David Bell exposed to mosquito's on his Laginex project at Agraquest) U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,911,338 Filed 4/11/2002, 6,682,925 Filed 4/13/2000, 6,844,182 Filed 5/15/2001, 6,638,910 Filed 11/27/2001, 6,635,245 Filed 3/21/2000, 6,417,163 Filed 3/1/2000, 6,406,691 Filed 1/26/1998 , 6,291,426 Filed 5/14/1999, 6,277,624 Filed 1/26/1998, 6,268,181 Filed 1/28/1998, 6,103,228 Filed 12/30/1998, 6,077,506 Filed 4/22/1999, 6,060,051 Filed 5/8/1998, 5,976,564 Filed 10/8/1997, 5,976,563 Filed 10/8/1997, 5,919,447 Filed 1/22/1997 , 5,869,042 Filed 11/22/1996 , 5,753,222 Filed 11/18/1996 , 5,491,122 Filed 12/7/1994
PRODUCTS* Arabesque, *Garden solutions biofungicide wettable powder, *Muscodor Albus products, *Rhapsody as, *Serenade solutions, *Serenade, *Serenade as, *Serenade biofungicide wettable powder, *Serenade garden ready-touse (rtu) ~STAPH sp. STAPH AUREUS (Identified in mosquito midgut) David Bell results; Numerous cultures “POSITIVE AGRAQUEST CONFIRMATION OF: “Thought to have been present..”NO”
AGRAQUEST CONNECTIONS: 5
•(David Bell exposed to mosquito's on his Laginex project at Agraquest) U.S. PATENTS; 6,911,338 Filed 4/11/2002, 5,976,564 Filed 10/8/1997, 5,976,563 Filed 10/8/1997, *Studied by Agraquest Scientist, Jimmy Orjala (1999) @ 1105 Kennedy Place. Davis, CA PRODUCTS: *Muscodor Albus products
BLOOD TEST - BLOOD SERUM • ~HISTOPLASMA Found in soil; *Not Endemic to California) • David Bell results; “POSITIVE” •
AGRAQUEST CONFIRMATION OF: “Thought to have been present..” NO”
AGRAQUEST CONNECTIONS: U.S. PATENTS; U.S. PATENT #6,004,774 - Filed 11/25/1998 Stated on this patent is,,“Additionally, an antifungal composition comprising an extract produced by B. subtilis strain ATCC 55614 may be used to treat human fungal diseases in which the disseminated disease propagule is a condidia, for example, Aspergillus sp., Histoplasma sp., and Tinea sp.” -
**Agraquest Scientist/Inventors: Four (4) (signed over their interest rights beginning 1/22/1999 through 1/26/1999 , - Four (4) days FOLLOWING David Bell!s emergency visit to Immediate Care Medical Clinic (1/18/1999) - On 1/25/1999 David Bell was scheduled for the first sinus surgery of 2/3/1999/
IgG ANTIBODIES:
~ALTERNARIA (A Plant Pest) David Bell results; “POSITIVE” AGRAQUEST CONNECTIONS: AGRAQUEST CONFIRMATION OF: “Thought to have been present..”YES” U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,852,317 Filed 9/27/2001, 6,844,182 Filed 5/15/2001, 6,682,925 Filed 4/13/2000, 6,638,910 Filed 11/27/2001, 6,635,245 Filed 3/21/2000, 6,586,231 Filed 12/15/2000, 6,524,577 Filed 9/27/2000, 6,417,163 Filed 3/1/2000, 6,291,426 Filed 5/14/1999, 6,277,624 Filed 1/26/1998, 6,103,228 Filed 12/30/1998, 6,077,506 Filed 4/22/1999, 5,919,447 Filed 1/22/1997, 5,869,042 Filed 11/22/1996, 5,753,222 Filed 11/18/1996 PRODUCTS: *Arabesque, *Rhapsody as0, *Serenade Solutions, *Serenade, *Serenade as, *Serenade aso Garden solutions bifofungicidal liquid concentrate. *Serenade aso Plant guardian biofungicide liquid concentrate, *Serenade aso Serenade solutions biofungicide concentrate, *Serenade aso, *Serenade MAX Garden solutions biofungicide wettable powder , *Serenade MAX Plant guardian biofungicide wettable powder, *Serenade MAX Serenade solutions biofungicide for home and garden, *Serenade MAX, *Sonata aso
~ASPERGILLUS (A Plant Pest), David Bell results; “POSITIVE” AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,911,338 Filed 4/11/2002, 5,491,122 Filed 12/7/1994 6
~BOTRYTIS *(A Plant Pest), David Bell results; “Positive“ AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,852,317 Filed 9/27/2001, 6,682,925 Filed 4/13/2000, 6,638,910 Filed 11/27/2001, 6,635,245 Filed 3/21/2000, 6,524,577 Filed 9/27/2000, 6,417,163 Filed 3/1/2000, 6,291,426 Filed 5/14/1999, 6,103,228 Filed 12/30/1998, 6,077,506 Filed 4/22/1999, 6,060,051 Filed 5/8/1998, 5,919,447 Filed 1/22/1997, 5,869,042 Filed 11/22/1996, 5,753,222 Filed 11/18/1996, 5,491,122 Filed 12/7/1994 PRODUCTS: *Arabesque, *Rhapsody as, *Rhapsody as0, *Serenade solutions, *Serenade, *Serenade as, *Serenade aso Garden solutions bifofungicidal liquid concentrate, *Serenade aso Plant guardian biofungicide liquid concentrate, *Serenade aso, Serenade solutions biofungicide, concentrate, *Serenade aso, *Serenade biofungicide wettable powder, *Serenade garden, ready-to-use (rtu), *Serenade max, Garden solutions biofungicide wettable powder, *Serenade max, Plant guardian biofungicide wettable powder, *Serenade max, Serenade solutions, biofungicide for home and garden, *Serenade MAX, *Sonata aso
~CLADOSPORIUM (A Plant Pest), David Bell results -“HIGH POSITIVE“ AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,638,910 Filed 11/27/2001, 6,635,245 Filed 3/21/2000, 6,586,231 Filed 12/15/2000, 6,417,163 Filed 3/1/2000, 6,291,426 Filed 5/14/1999, 6,245,551 Filed 3/30/1999, 6,103,228 Filed 12/30/1998, 6,060,051 Filed 5/8/1998
PRODUCTS: *Arabesque, *Garden solutions biofungicide wettable powder , *Serenade as, *Serenade aso, *Serenade MAX, *Sonata aso
~EPPICOCCUM David Bell results -POSITIVE
FUSARIUM (A *Plant Pest, *Plant Rot Pathogen,) David Bell results; HIGH POSITIVE AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,911,338 Filed 4/11/2002, 6,852,317 Filed, 9/27/2001, 6,638,910 Filed 11/27/2001, 6,635,245 Filed 3/21/2000, 6,586,231 Filed 12/15/2000, 6,524,577 Filed 9/27/2000, 6,417,163 Filed 3/1/2000, 6,291,426 Filed 5/14/1999, 6,060,051 Filed 5/8/1998, 5,491,122 Filed 12/7/1994
PRODUCTS: *Andante, *Arabesque, *Glissade, *Rhapsody as0, *Serenade solutions, *Serenade
~HELMINTHOSPORIUM David Bell results; HIGH POSITIVE AGRAQUEST CONNECTION: U.S. PATENTS; 5,491,122 Filed 12/7/1994, PRODUCTS: *Arabesque ~MUCOR (*Plant Pest) David Bell results; “POSITIVE” AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,911,338 Filed 4/11/2002 PRODUCTS: *Arabesque ~PENICILLIUM *Found in soil & decaying vegetation David Bell results; HIGH POSITIVE 7
AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998, 6,911,338 Filed 4/11/2002, 6,638,910 Filed 11/27/2001
PRODUCT: *Arabesque ~PULLULARIA David Bell results; “POSITIVE” ~RHIZOPUS ( Found in soil, decaying fruit and vegetables, A Plant Pest) David Bell results; “POSITIVE” AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998 PRODUCTS:*Arabesque ~STEMPHYLIUM *Found in soil and plant vegetation, *Commonly considered a contaminant”, A Plant Pest David Bell results; “POSITIVE” AGRAQUEST CONNECTIONS: U.S. PATENTS; 6,004,774 Filed 11/25/1998 PRODUCTS: *Arabesque URINALYSIS:
~RARE MUCUS David Bell results; “POSITIVE” • RADIOLOGICAL BILLINGS • X-RAYS, CAT SCANS, ect: • David Bell; Numerous tests • PRESCRIPTIONS: • ANALGESIC/ANTIPYRETICS - one (1) prescription • ANTIBIOTICS - forty three (43) prescriptions • ANTI FUNGALS - twenty five (25) prescriptions • ANTI-INFLAMMATORY - eight (8) prescriptions • ANTI-ITCH CREAM - one (1) prescription • ASTHMA - four (4) prescriptions • CARDIAC - four (4) prescriptions • DECONGESTANTS - two (2) prescriptions • EXPECTORANTS - three (3) prescriptions • GI SYSTEM - two (2) prescriptions • IMMUNE DYSFUNCTION - forty nine (49) prescriptions • *Includes THIRTY (30) PRESCRIPTIONS of IV IMMUNOGLOBULIN INFUSIONS (every 28 days for 3 years) • Resulting from the loss of an intact immune system - B-Cells • MUSCLE RELAXANTS - one (1) prescription • NARCOLEPSY - six (6) prescriptions • NEBULIZERS - twelve (12) prescriptions • Includes NEBULIZER WITH COMPRESSION • PAIN RELIEVERS - seventeen (17) prescriptions 8
• • • • •
PANCREAS - five (5) prescriptions SMOKING CESSATION - two (2) prescriptions PRO BIOTIC - HOMEOPATHIC - two (2) prescriptions SMOKING CESSATION - two (2) prescriptions RHINITIS - twenty five (25) prescriptions
NOTE: The vast majority of the $333,000+ in medial bills for David Bell were paid by Medicare, due to fraudulent concealment of occupational exposure committed by his employer, Agraquest as to their role of his initial illness in 1999 [and thereafter] as a direct result of his occupational exposure to known and UNKNOWN bacteria, fungi, hazardous chemicals, and UNKNOWN hazardous materials being in Bell’s unsafe workplace environment and continuing through 2009. This fraud was further continued by Agraquest and their representatives, and the California Workers’ Compensation System. of , their representatives, and the California Workers’ Compensation System. IV Immunoglobulin Infusions every 28 days for 3 years as he stopped producing the required amount of B-cells for an intact immune system. [had he not had this financial assistance from Medicare, it is doubtful he would have survived.
• ATTACHMENT 2) • The July 17, 2009 e-mail to Dale Kitching, Supervisor - Sacramento County Deputy District Attorney’s Office, Insurance Fraud Unit that was sent by Sandi Trend • E-MAIL HEADER AND CONTENTS of the July 20, 2009 e-mail to Sacramento District Attorney, Dale Kitching, Supervisor Deputy District Attorney, Insurance Fraud Unit:
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ADDED; as the statement above; “Reich during what was suppose be a mandatory settlement conference” is incorrect, EXPLANATION: David’s only notice prior to, what turned out to be a mandatory settlement conference, was there was to be a status conference. Agraquest’s attorney,Daniel Reich (Liberty Mutual) had requested a continuance after David’s notice of a “status conference. When David’s new attorney, John Overton appeared on David’s behalf at the “status conference” is the first time David or his attorney knew anything about a “MSC”. Had David known it had been changed from a “status conference” to a MSC, David would have never allowed a new attorney, who was not only unfamiliar with David’s WC case but a non worker’s compensation attorney as well, appear on his behalf. David was still fighting to get his judicial rights of discovery. After this, David’s attorney, John Overton wrote a letter to the assigned judge, Robinson requesting the next hearing be taken off the calendar; this was ignored. it was not until the “trial” did David or his attorney know that Judge Suzanne Dugan (former attorney who worked in a law firm that represented Liberty Mutual) was the presiding Judge, and not Judge Robinson.
[e-mail continues]
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~END OF E-MAIL~ 13
• NOTE: The copies of the attachments; four (4) that were sent via e-mail to the Sacramento County District Attorney, Dale Kitching - Supervisor of Workers Compensation Insurance Fraud Unit in the July 17, 2009 e-mail ( sent by Sandi Trend) [As pdf attachments] are: • ATTACHMENT #1) Sacramento County District Attorney, Dale Kitching: *June, 2 2004 letter from The California Industrial Relations, Division of Occupational Safety and Health • DESCRIPTION: • On June 2, 2004 The California Department of Industrial Relations, Division of Occupational Safety and Health; Office of the Deputy Chief for Cal/OSHA Enforcement sent a reply letter to Sandi Trend regarding her Compliant letter dated May 9, 2004. Both letters addressed the fungus, Histoplasma [Capsulatum] that was idetified in David Bell’s blood serum. • Ms. Trend was advised a copy of her May 9, 2004 letter was forwarded to Bette G. Hinton, Health Officer/Director of the County of Yolo, California and that Cal/OSHA “will monitor Yolo Counties efforts”.
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• ATTACHMENT #2) *Bette G. Hinton, Health Officer/Director of the County of Yolo, California, sent a letter dated August 2, 2004 to Sandi Trend. • DESCRIPTION: Dr. Bette G Hinton of the County of Yolo Health Department reply letter to Sandi Trend
NOTE: Upon receipt of Dr. Bette Hinton’s letter, Sandi Trend wrote on a copy of the letter that the exposure took place in the “old” Agraquest location at 1105 Kennedy Place in Davis; in an office park, zoned for residential; single family housing, 15
apartment complexes, Senior Housing apartment and an “office complex”
• ATTACHMENT #3: *Denise Manker’s response to David’s Motion To Compel Discovery(Per David Bell’s filing a MOTION TO COMPEL DISCOVERY, requesting the Workers Compensation ENFORCEMENT of Agraquest to comply with his discovery request’s of all biological and chemical hazards in the Agraquest workplace environment), Denise Manker issued her following response.
e
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• ATTACHMENT #4: *November 14, 2006 defense attorney Daniel Reich’s letter of response concerning Judge Esther Volkan’s order of October 20, 2006:
[November 14, 2006 defense attorney Daniel Reich’s letter of response continues]
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NOTE: FOLLOWING the July 17, 2009 Trend e-mail to Dale Kitching, Supervisor for the Sacramento County District Attorney’s office, Workers’ Compensation Insurance Fraud Unit, Trend e-mailed a second e-mail to Kitching on 7/28/2009: [
NOTE: Following the above e-mails; Kitching said (during a telephone communication with Sandi Trend): ~had received the e-mails ~said during a telephone conversation with Ms. Trend that he had ordered David Bell’s Worker’s Compensation file to be retrieved from the archives.~ ~after Mr. Kitching had received David Bell’s Worker’s Compensation file from the archives, Mr. Kitching said during a telephone conversation with Ms. Trend, “I don’t see a smoking gun” 18
~After the 9/9/2009 California Department of Insurance, Workers Compensation Fraud Commission meeting of 9/9/2009; Sandi Trend received the following e-mail, dated 9/22/2009 from Dale Kitching:
~CURRENT DEVELOPMENTS AS OF OCTOBER 18, 2009~ *NONE
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